LD 1559
pg. 7
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LR 2059
Item 1

 
1.__Perpetual duration.__An environmental covenant is perpetual
unless it is:

 
A.__By its terms limited to a specific duration or
terminated by the occurrence of a specific event;

 
B.__Terminated by consent pursuant to section 3010;

 
C.__Terminated pursuant to subsection 2;

 
D.__Terminated by operation of other laws of this State
governing priority of interests; or

 
E.__Terminated or modified in an eminent domain proceeding,
but only if:

 
(1)__The agency that signed the covenant is a party to
the proceeding;

 
(2)__All persons identified in section 3010,
subsections 1 and 2 are given notice of the pendency of
the proceeding; and

 
(3)__The court determines, after hearing, that the
termination or modification will not adversely affect
human health or the environment.

 
2.__Intended benefits can no longer be realized.__If the
agency that signed an environmental covenant has determined that
the intended benefits of the covenant can no longer be realized,
a court, under the doctrine of changed circumstances, in an
action in which all persons identified in section 3010,
subsections 1 and 2 have been given notice, may terminate the
covenant or reduce its burden on the real property subject to the
covenant.

 
3.__Extinguished, limited or impaired.__Except as otherwise
provided in subsections 1 and 2, an environmental covenant may
not be extinguished, limited or impaired through issuance of a
tax deed or foreclosure of a tax lien or application of the
doctrine of adverse possession, prescription, abandonment,
waiver, lack of enforcement or acquiescence or a similar
doctrine.

 
4.__Laws governing marketable title and dormant mineral
interests.__An environmental covenant may not be extinguished,
limited or impaired by application of laws governing marketable
title and dormant mineral interests.

 
§3010.__Amendment or termination by consent


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